ACTION IN REM

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Abstract

The possibility of bringing action in rem, is a privilege recognized in common law particularly in the maritime regulations of common law countries .On this basis, plaintiff may, subject to specified conditions, bring action against some properties (ship, cargo,…) instead of their owners, in order to enforce many maritime claims and in the case of pronouncing judgment in his or her favor, the judgment will be enforced ,solely, against the same property(defendant). In civilian countries, including France, action in rem, has no legal recognition. In Iranian law, also, notwithstanding the existence of some critical terms in Maritime Act which inspires the admission of action in rem, the whole maritime claims, shall be enforced by action in personam.

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